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New PA Min Wage exemptions Pennsylvania

01-22-2007, 05:46 AM

My 20 year old daughter works part time at a (retail chain) shop in a local mall. She started there over a year ago at $6.00/hr. She mostly works in the lab developing pictures, but can at times work in the store selling merchandise. She does get commission when she sells commission items. I don't believe she has ever made more than $20.00 a month on commission.

My question is whether she is entitled to the wage increase to 6.25 now and to 7.15 in July. In reading the FAQ from the PA Labor & Industry web page, I cannot find any mention of how commission plays a part. And.....although the actual store employes very few people, the company has a multitude of stores and an employer owning several business locations must calculate the number of hours of all the employees working for the employer at all locations. All taxes are taken from her pay and she gets a W2.

So should she be entitled to the raise and where does the commission (when she gets any) come into play?

Breny, I believe that all employees that make under minimum wage (except waitresses and those type of positions) will automatically be boosted to the new state law wage level. If your daughter doesnt get the new wage increase, ask her to speak to her supervisor about it and get it straightened out.

Other things being equal, however, as an inside salesperson, she is NOT exempt from the minimum wage increase. If her commissions were substantial enough (and they are far from that), she could possibly be exempt from the overtime requirement, but not from the minimum wage. At least this is federal law and short of an exception specific to the PA law (which I couldn't find either), this would flow through to the state.

She can try giving them a call, but they're probably REALLY busy answering questions right now. Maybe she can get a faster response with an email inquiry. Or just file the complaint. Or better yet, ask the company (start with her supervisor) why her hours worked in 2007 were not paid at the new minimum wage. Giving the employer the benefit of the doubt, maybe they're just uninformed.

I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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